![]() Spectrum You can consider the levels of scrutiny as existing on a spectrum: where Rational-Basis Review is at one end and Strict Scrutiny is at the other. review) 43, 10215 (reasonableness balancing) 43, 101 (minimum rational- ity review). Sexual orientation has been given a quasi-suspect classification. The court will evaluate various factors that are likely to raise suspicion to determine the level of scrutiny. It has been said that strict scrutiny is strict in theory, but fatal in fact.Ĭurrently, the only "suspect classifications" to which strict scrutiny applies are race, religion, and national origin. Strict scrutiny is often used by courts when a plaintiff sues the government for discrimination. Under Strict Scrutiny review, a statute can be found valid if the statute is narrowly tailored to an important governmental objective. Strict scrutiny is a form of judicial review that courts use to determine the constitutionality of certain laws. 27 Because the courts have used a variety of approaches in cases not subject to formally heightened scrutiny, I consider the term. ![]() ![]() These levels of scrutiny can and will continue to change as courts apply them in the future. The spectrum of scrutiny ranges from Rational Basis Review being the most relaxed on one side and Strict Scrutiny being very intense on the other end. MINIMUM (OR RATIONAL BASIS) SCRUTINY (The govenment need only show that the challenged classification is rationally related to serving a legitimate state. Strict scrutiny is a form of constitutional review that is used to determine the validity of legislation that discriminates on the basis of suspect categories, such as race. There are many levels of scrutiny, called the spectrum, but the main three levels have been outlined here.
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